Hughes v. Bowen
Supreme Court of Iowa
Appeal from Johnson District Court. Defendant held two notes against one Bothwell, payable to himself or bearer, which he indorsed in blank to plaintiff. This action is brought against him, as such indorser. The defense is a want of demand and due notice. To this plaintiff responds, that defendant waived such demand and notice. Tried by the court; judgment for plaintiff, and defendant appeals. cited Tebbetts v. Dowd, 23 "Wend., 378; Pars. Mer.
Read the full summary
Appeal from Johnson District Court. Defendant held two notes against one Bothwell, payable to himself or bearer, which he indorsed in blank to plaintiff. This action is brought against him, as such indorser. The defense is a want of demand and due notice. To this plaintiff responds, that defendant waived such demand and notice. Tried by the court; judgment for plaintiff, and defendant appeals. cited Tebbetts v. Dowd, 23 "Wend., 378; Pars. Mer. L., 119; Edwards on Bills & Notes, 650; Duryee v. Dennison, 5 John., 248 ; Miller v. Hackley, Id., 382; Crain v. Colwell, 8 Id., 384; Aganv. McManus,…
1Opinion of the Court
Wright, Ch. J.
Several errors are assigned, but appellant’s counsel concede that the substantial inquiry is *448whether defendant was properly held liable upon his subsequent promise as indorser, he contending that such subsequent promise was ma,de without consideration, and without knowledge of the fact that he had been discharged from his liability, by the laches of plaintiff, as holder or indorser of the notes. Our attention is also called to the distinction recognized in Tebbetts v. Dowd, 23 Wend., 378, and other authorities, between those cases where due presentment and notice are presumed,…
2Cases cited2 opinions
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
- Wheaton & Doolittle v. FellowsNew York Supreme Court · 1840
3Cited by7 opinions
- Lomax v. Smyth & Co.Supreme Court of Iowa · 1878
- Greeley v. WhiteheadSupreme Court of Florida · 1895
- County Savings Bank v. JacobsonSupreme Court of Iowa · 1927
- Sanderson v. Sanderson's AdministratorsSupreme Court of Florida · 1883
- Burgettstown National Bank v. NillSupreme Court of Pennsylvania · 1906
2 more not listed; retrieve them via the Exa API.